The Pahrump jail is "uninhabitable," the American Civil Liberties Union said in a letter blasting Nye County for failing to improve conditions first cited in 2003, in what it calls "unconstitutional prison conditions."

"While the list of deficiencies is long, the main concerns for the ACLU of Nevada are that the Pahrump jail is overcrowded, understaffed, and the living conditions created by the deterioration of the current facility make it uninhabitable," the ACLU states in a letter to Nye County commissioners dated March 30.

The ACLU paid a visit to the jail Sept. 30, 2008.

The Pahrump Valley Times obtained a copy of the letter, which was never discussed in open session at a county commission meeting nor included in any backup material.

The ACLU referred to two earlier reports detailing substandard conditions at the Pahrump jail, one prepared by the National Institute of Corrections released on Dec. 13, 2003, and another by Kitchell CEM, a company the county paid almost $99,000 to prepare a needs assessment and master plan for a new jail, which was released on Nov. 1, 2005.

The ACLU said the conditions violate the rights of inmates, of which 95 percent are awaiting trial.

"The inmates are being subjected to many potentially unconstitutional prison conditions, such as overcrowding, lack of access to medical care, potential exposure to rust, mold and lack of air circulation and lack of access to legal materials with which to prepare for their upcoming trials," the letter concluded.

The letter is signed by members of the ACLU of Nevada, including general counsel Allen Lichtenstein, staff attorney Margaret McLetchie and legal fellow Judy Carol Cox.

The ACLU strongly urged the Nye County commission to remedy the substandard conditions and begin the process of rectifying the unconstitutional conditions. The ACLU also asked county commissioners or another county representative to meet with them to discuss the resolution of the problems.

The ACLU made seven points in its letter:

* The jail is severely understaffed, during the midnight shift. Only one officer was on duty to supervise the inmates.

* The jail is chronically overcrowded resulting in substandard living conditions which may result in violations of the prisoner's Eighth and 14th Amendment rights.

The jail was built in 1986, designed to house 36 inmates. The ACLU said last year the jail averaged 40 inmates per day, while the 2003 NIC audit said there were as many as 61 inmates housed there at one time.

Eight-person cells housed up to 14 inmates at a time in the male section; up to 11 inmates were housed in the eight-person female cells.

The Kitchell Report noted bookings increased by 50 percent between 1995 and 2004.

* The jail doesn't allow adequate medical care or emergency medical procedures.

The ACLU letter stated: "in the 2003 NIC audit, one of the most disturbing features of the current Pahrump facility was that there were no medical personnel on premises."

There are no procedures for dealing with blood and airborne pathogens like tuberculosis, hepatitis and AIDS, the letter said. The ACLU referred to pervasive rust in the cells, especially around plumbing fixtures, and mold in one cell. Air circulation was virtually non-existent.

* Male prisoners are not adequately separated from female prisoners.

The female cell has large windows which can look into the hallway in plain view of one of the male cells, the ACLU said. The cell door window is covered with foil and paper in an attempt to provide visual separation between men and women, but a food slot in the door to the women's cell remains open, allowing male kitchen and laundry workers to peek in on the women, the letter states.

A lack of deputies means female inmates aren't allowed out of their cells to work, the ACLU said.

"The lack of staffing creates the very real danger that a female inmate could be assaulted," the letter states.

* There is no access to legal materials, which may result in the denial of an inmate's constitutional right to due process.

Inmates must request to be sent to Tonopah to do legal research on a twice-weekly transport.

* The structural integrity and security hardware at the Pahrump jail is substandard and could lead to a breakout.

The ACLU noted, "it should be of concern to every resident of Pahrump that the 2003 NIC audit found the existing perimeter security at the Pahrump facility to be inadequate to protect the facility from inmate escape attempts."

* The county is aware of these issues and has the means to remedy them, the ACLU said.

The ACLU said construction of a new Pahrump jail was supposed to begin in 2007.